Connecticut's natural environment is the bedrock of our economy, health, and safety -- the very elements that encourage citizens to live and work in our state.
2013 Legislative Watchlist
The CT League of Conservation Voters has identified a number of issues that it will be tracking this year for its 2013 Environmental Scorecard. This watchlist will be updated weekly throughout the legislative session. Click to download and/or print a Microsoft Word version or a PDF of the Watchlist.
2013 Environmental Legislation as of June 5, 2013
PRO-ENVIRONMENT LEGISLATION
HB05335 - AN ACT PROHIBITING POSSESSION AND STORAGE OF FRACKING BY-PRODUCTS : Support
Hydraulic fracturing (i.e., fracking) is a method of oil and natural gas extraction in which a mixture of water, sand, and toxic chemicals is pumped into a well at high pressures, causing the fracturing of surrounding rock layers and allowing the flow of oil and natural gas. However, inherent in this process is the production of many dangerous by-products, including waste water that often contains toxic chemicals and heavy metals. Conventional wastewater treatment plants are not equipped to remove fracking-related toxins, making it necessary to transport the contaminated water to designated disposal sites. This bill will eliminate Connecticut as a potential recipient of fracking waste by banning the possession or storage of any related by-products, with the goal of maintaining the safety of Connecticut's air and water supplies.
HB06385 - AAC PROHIBITING THE USE OF PESTICIDES AT PUBLIC SCHOOLS : Support
This legislation will ban the application of pesticides in, or on the grounds of, public and private schools in CT. In addition, it expands the existing ban, which applies to schools with children in grade eight or lower, to cover public and private high schools. Emergency applications of pesticides will be allowed at schools only if it has been determined that they are needed to eliminate a threat to human health. A pesticide ban at schools will reduce child exposure to products that are known to have adverse health and environmental impacts.
HB06437 - AAC MATTRESS STEWARDSHIP PROGRAM : Support : [Passed]
This bill will implement a mattress stewardship program to regulate post-consumer mattress disposal, encouraging recycling of mattress components when technologically feasible and economically practical. Additionally, the bill requires mattress producers to join a nonprofit mattress recycling council. Failure to do so will prohibit them from selling mattresses in the state. Connecticut alone disposes of 300,000 - 400,000 mattresses annually, at a cost to towns of over $1 million. This program will be funded by a mattress stewardship fee on mattresses sold in CT, and should greatly reduce illegal dumping by offering disposal at no cost.
HB06439 - AAC THE DISPOSAL AND COLLECTION OF UNUSED MEDICATION : Support
This proposal protects the environment and improves public health and safety by keeping dangerous chemicals out of our waterways. It prohibits health care institutions, both public and private, and all associated staff from disposing of unused medication into a wastewater collection or septic system. In addition, this bill requires the Department of Energy and Environmental Protection (DEEP) to launch a public awareness campaign about the dangers of improperly disposing of medication and the availability of pharmaceutical collection programs.
HB06441 - AAC DAM SAFETY PROGRAM : Support : [PASSED]
This legislation will require dam owners to have their dams inspected periodically depending on the hazard presented by potential failure. A similar bill in Massachusetts has enhanced not only the awareness and remediation of hazardous conditions, but also fish habitat by inducing more dam owners to remove dams. The bill will also streamline permits for dam removals that improve ecological conditions. The commissioner of the Department of Energy and Environmental Protection (DEEP) will retain the right to exercise enforcement action for violations of dam safety laws, and violators may be subject to fines.
HB06489 - AAC CHILDREN'S SAFETY (support LCO AMENDMENT 6207) : Support
This bill will require the commissioner of the Department of Public Health (DPH) to create and maintain a list of priority chemicals (chemicals with evidence of adverse health effects) of high concern to children, update the list every two years, and present findings to the Public Health Committee. In addition, state manufacturers of children’s products containing priority chemicals will be required to disclose the presence of the chemicals to the DPH, and subsequently submit a plan detailing a path to using a safer alternative for manufacturing, known as a “product innovation plan.” In order to ensure the reduction of child exposure to dangerous products, the plan must be implemented within 2 years of a chemical being designated as a priority chemical by the DPH.
HB06519 - AN ACT REQUIRING LABELING OF GENETICALLY-ENGINEERED FOODS : Support
The purpose of this bill is to require any foods, seed, or seed stock made available to consumers in CT that have been partially or entirely produced with genetic engineering be clearly labeled with the words “Produced with Genetic Engineering.” Failure to do so will deem the product misbranded, and may subject the person(s) responsible for misbranding, selling, or receiving the foods to criminal penalties. Under this bill, the commissioner of the Department of Consumer Protection (DCP) will be authorized to enforce the labeling requirements. Such mandatory labeling will give consumers the right to make informed decisions about food products for which health and environmental concerns have been raised.
HB06527 - AAC GENETICALLY ENGINEERED FOOD : Support : [PASSED]
This legislation will require food made available to consumers in CT that has been partially or entirely produced with genetic engineering be clearly labeled as such. Failure to do so will deem the product misbranded, and may subject the person responsible for misbranding, selling, or receiving the foods to criminal penalties. Such mandatory labeling will give consumers the right to make informed decisions about food products for which health and environmental concerns have been raised. A compromise was reached on this bill, requiring four other states, at least one of which must border Connecticut and with a collective population of at least 20 million people, to pass similar legislation before the labeling requirement will take effect.
HB06536 - AAC GENERAL PERMITS OF THE DEEP: Support
Beginning October 1, 2013, this bill establishes annual fees for people operating under general permits issued by the Department of Energy and Environmental Protection (DEEP). For a permit that requires both registration and DEEP approval before an activity is conducted, the annual fee will be $200. For a permit that only requires registration, the fee will be $100.
HB06538 - AAC ARBORISTS AND TREE WARDENS : Support : [PASSED]
This bill will establish requirements for both arborist businesses and tree wardens with the purpose of ensuring the proper care and management of the state’s urban forests. Concerning arborist businesses, the bill requires that they register annually with the Department of Energy and Environmental Protection (DEEP) and that at least one licensed arborists is employed at each business. Under General Statutes §§23-58 and 23-59, every municipality must have a tree warden with the responsibilities of “the care and control of public trees.” This bill will ensure that municipal tree wardens have the educational background to make informed decisions regarding tree management by requiring them to be professionally certified. Enforcing these requirements will reduce the risks to public safety and property that can come from mismanaged trees.
HB06542 - AAC THE PRESERVATION OF FARMLAND AT THE SOUTHBURY TRAINING SCHOOL : Support : [PASSED]
This precedent-setting legislation concerns the agricultural lands (“The Farm”) at the state-owned Southbury Training School. The bill establishes a procedure to preserve and manage the land specifically for agricultural use. The procedure, as detailed in the bill, is as follows:
1) The commissioner of the Department of Developmental Services (DDS) must transfer control of the property to the commissioner of the Department of Agriculture (DoAg)
2) The commissioner of the DoAg must grant a permanent conservation easement on the property to a nonprofit aimed at protecting agricultural land
3) The easement must ensure the preservation of the land for agricultural use and allow the DoAg commissioner to lease, permit, or license the land for such use
4) All activities conducted under the easement on the Farm must be conducted in accordance with a conservation plan prepared by the Natural Resources Conservation Service (NRCS) approved by the DoAg Commissioner that takes into account protection of the agricultural and conservation values of the property.
Uncertainty about the future of the Southbury Training School has been a local concern for many years. This bill will permanently protect the approximately 825 acres of agricultural lands on the property (including prime agricultural soils) adding to the State’s portfolio of protected farmland at no cost to taxpayers, and providing both the community and DoAg with a vibrant agricultural base for the future. The bill is precedent-setting because it proposes of private-public partnership with a nonprofit land conservation organization via the granting of conservation easement.
SB00191 - AAC THE PENALTY FOR CAUSING HARM TO A VULNERABLE USER : Support
The passage of this bill will enhance the penalty for a motorist who causes death or injury to a “vulnerable user” on a public way, due to failure on behalf of the motorist to exercise reasonable care. The bill defines vulnerable users as pedestrians, highway workers, bicyclists, anyone riding or driving an animal, skaters, skateboarders, and roller bladers, people driving or riding on a farm tractor, people in wheelchairs or motorized chairs; and blind people and their service animals. The penalty is a fine of up to $1,000, with the goal of promoting behavior that makes Connecticut’s public ways safer for all users.
SB00807 - AAC WATER INFRASTRUCTURE AND CONSERVATION : Support : [PASSED]
This bill provides mechanisms for encouraging private water companies, as well as municipal and other public utilities, to invest in conservation and infrastructure improvements. By allowing flexibility in rate designs and other operational rules, the bill will help water suppliers stabilize revenue and promote infrastructure improvements that will ensure reliable, high quality water. Similar to de-coupling in the energy sector, this bill will reduce output disincentives for conservation, thus protecting the integrity of the state’s water resources.
SB00916 - AN ACT AUTHORIZING CIVIL PENALTIES FOR THE FAULTY, CARELESS, OR NEGLIGENT APPLICATION OF PESTICIDES: Support
Under the CT Pesticide Control Act, a pesticide applicator must be certified if the applicator works with a restricted use pesticide, as classified by the U.S. Environmental Protection Agency (EPA) or the Department of Energy and Environmental Protection (DEEP). This bill supplements the Pesticide Control Act, making it unlawful for a certified applicator to apply pesticide in a faulty, careless, or negligent manner. Violators are subject to civil penalties, and knowing violators may be subject to criminal penalties. Enforcing this bill will promote careful behavior when applying products that are known to have adverse health and environmental impacts.
SB00917 - AN ACT AUTHORIZING THE USE OF CERTAIN MICROBIAL AND BIOCHEMICAL PESTICIDES AND GRUB CONTROL PRODUCTS ON SCHOOL GROUNDS : Support
Current law prohibits the application of lawn care pesticides in, or on the grounds of, public and private schools and day care centers in CT with students in grade eight and lower. Emergency applications of pesticides are allowed at schools only if it has been determined that they are needed to eliminate a threat to human health. This bill exempts certain products from falling under the definition of “lawn care pesticides,” providing that the products are registered with the U.S. Environmental Protection Agency, thus allowing them to be used on school grounds. These exemptions include microbial pesticides, in which a microorganism acts as an active ingredient, and biochemical pesticides, which are natural, nontoxic pest control substances. The bill aims to reduce child exposure to products that are known to have adverse health and environmental impacts, while still allowing safe methods of pest control.
SB00981 - AAC PESTICIDES ON SCHOOL GROUNDS : Support
This legislation expands the existing ban of pesticides, which applies to schools with children in grade eight or lower, to cover public and private high schools. Emergency applications of pesticides will be allowed at schools only if it has been determined that they are needed to eliminate a threat to human health. A pesticide ban at schools will reduce child exposure to products that are known to have adverse health and environmental impacts.
SB01010 - AAC SEA LEVEL RISE AND THE FUNDING OF PROJECTS BY THE CLEAN WATER FUND : Support : [PASSED]
This bill deals with water quality projects that are eligible for financial aid through the Clean Water Fund. Such projects include the planning, design, and construction of water pollution control facilities. Specifically, the bill requires the commissioner of the Department of Energy and Environmental Protection (DEEP) to consider sea level rise and the necessity of implementing measures to mitigate its impact when establishing the priority list and ranking system to determine projects that will receive grants and loans from the Clean Water Fund. Accounting for sea level rise in the design of water quality projects will help ensure the success of those projects.
SB01011 - AAC CERTAIN USER FEES AT STATE PARKS : Support
This bill will require that by July 1, 2013, the commissioner of the Department of Energy and Environmental Protection (DEEP) increases the user fees for state park special events of limited duration by up to 135%, based on the amount charged as of June 1, 2013. The resultant money will be deposited into an account within the General Fund that is designated for the maintenance, repair, and improvement of state parks, ensuring that CT’s state parks continue to be well-preserved, attractive options for all users.
SB01012 - AAC THE DEFINITION OF “RISE IN SEA LEVEL” : Support : [PASSED]
The Senate combined four coastal management bills pending in the Senate and added a new effective date as the new vehicle. This bill now contains all of 1014 and elements of 459 and 460. We are pleased with the inclusion of 1014, which clarifies the existing definition of “rise in sea level”, and requires agencies drafting certain emergency and disaster plans, as well as Plans of Conservation and Development, at both the state and municipal level to evaluate sea level change scenarios that account for projected accelerations in the rate at which sea level will rise in the future. Doing so will help ensure that our state and communities are more realistically planning their land use and emergency response to reduce future damage to coastal resources and infrastructure.
SB01134 - AAC OUTDOOR WOODBURNING FURNACES: Support
Although wood smoke from outdoor wood furnaces contains many of the same hazardous components as cigarette smoke, it lacks the same strict regulations meant to protect public health. This bill aims to reduce air pollution resulting from outdoor wood furnaces by banning the sale of all furnaces after October 1, 2013 that do not meet Phase II emissions standards as specified by the U.S. Environmental Protection Agency. In addition, it requires all outdoor wood-burning furnaces to burn only “clean wood,” eliminating the burning of wood that has a paint or stain coating or has been chemically treated.
ANTI-ENVIRONMENT LEGISLATION
HB05183 - AAC REGISTRATION OF ALL TERRAIN VEHICLES AND ESTABLISHING AN ALL TERRAIN VEHICLE DIVISION WITHIN DEEP : Oppose
This bill has been significantly altered. The new description is pending.
HB06360 - AAC THE IMPLEMENTATION OF CONNECTICUT'S COMPREHENSIVE ENERGY STRATEGY : Oppose : [PASSED]
This bill has been significantly altered, and many anti-environment amendments have been attached last-minute. A full description is pending.
SB00460 - AAC COASTAL PRETECTION MEASURES… SHORE LINE STRUCTURES… WATER RESOURCES… DEEP PROCEDURES : Oppose
This bill will require the Department of Energy and Environmental Protection (DEEP) to issue Certificates of Permission (COP) for activities that were illegally conducted without required permits prior to 1995. Additionally, it will require DEEP to issue a Certificate for maintenance of, or minor alterations to, structures illegally installed before 1995. Statutes of Limitations in other areas of law rarely require regulatory or enforcement authorities to actively sanction the original illegal activity or permit an expansion of the activity. It would be particularly inappropriate to do so in public trust lands along CT’s coastline.
SB01138 - AAC CONNECTICUT’S CLEAN ENERGY GOALS : Oppose : [PASSED]
Under CT’s Renewable Portfolio Standard (RPS), utilities must get a rising percentage of the electricity they supply from new, clean, renewable sources such as wind and solar. The goal is that Class I (as designated by the RPS) clean renewable sources will account for 20% of CT’s electricity output by 2020, making Connecticut a national leader in clean energy. However, this bill will allow utilities to permanently fill a percentage of their mandated clean energy portfolio using power from large Canadian hydropower facilities like HydroQuebec and discourage investment of local renewable sources.
PENDING LEGISLATION TO WATCH
HB06533 - AAC HYDRAULIC FRACTURING (see also HB05335) : Pending
This bill defines the processes and materials that constitute hydraulic fracturing (i.e., fracking), fracking waste, and fracking waste disposal. Additionally, it will place a one-year moratorium, effective July 1, 2013 – July 1, 2014, affecting any person or business entity responsible for:
1) Treating, discharging, or disposing of any hydraulic fracturing (fracking) waste,
2) Holding any fracking waste for treatment or disposal,
3) Using fracking waste to manufacture any item, product, or material, or
4) Selling any item, product, or material to which fracking waste has been added
The bill also allows the Department of Energy and Environmental Protection (DEEP) commissioner to espouse regulations to enforce the moratorium, and requires DEEP to prepare an assessment detailing the full effects of fracking waste by February 1, 2014. While this bill establishes a 1 year moratorium (which we support), it also ties that moratorium to a study of fracking waste disposal by DEEP(which we oppose).
HB06651 - AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE STATE OF CT BROWNFIELD WORKING GROUP : [PASSED]
This legislation will consolidate all brownfield accouts into a singular account and dictates what types of funds and revenues must be deposited in the revised account. In addition, it separates the current brownfield grant and loan program, making the grant program only open to municipalities, while the loan program can be utilized by developers.
HB06672 - AAC THE CONVEYANCE OF CERTAIN PARCELS OF STATE LAND : [PASSED]
This bill makes changes regarding certain parcels of land in the state, including:
1) Authorizing conveyances of state property to Canton, New Britain, Southbury, and Stamford,
2) Amending prior conveyances in Tolland, Wethersfield, Barkhamsted, and New Hartford,
3) Authorizing a land exchange between New Britain and Newington,
4) Granting a conservation easement in Middletown, and
5) Repealing a land exchange authorization in Haddam
SB00530 - AAC REDEVELOPMENT OF THE NORWICH STATE HOSPITAL PROPERTY : Pending
This legislation will appropriate funds to the Department of Economic and Community Development (DECD) for the purpose of redeveloping the deteriorated Norwich State Hospital property in Preston. It is proposed that the funds be used to create The Connecticut Clean Energy Center for Research and Development, which would incorporate clean energy light manufacturing with an educational and training component. The building of such a center will lend itself to a long-term, sustainable plan for the management of the property, as well as create new jobs that will tap into the emerging economy for renewable energy.
SB00814 - AN ACT CONCERNING INTERVENTION IN PERMIT PROCEEDINGS PURSUANT TO THE ENVIRONMENTAL PROTECTION ACT OF 1971 : [PASSED]
The Connecticut Environmental Protection Act of 1971 (CEPA) has been instrumental to the progress the state has made to preserve its open spaces and clean its air and water resources. This progress has been possible in part due to a provision under CEPA that allows citizen suits to oppose unreasonable threats to the environment. This bill aims to make revisions to CEPA that will reduce the frequency of vexatious and baseless suits. The environmental community would not oppose revisions to CEPA and land use statutes, providing that the revisions make requirements more transparent, open, and fair to all parties without changing substantive requirements or disproportionately targeting environmental intervenors.
SB01019 - AAC ADMINISTRATIVE STREAMLINING AT DEEP : [PASSED]
This legislation aims to streamline various programs of the Department of Energy and Environmental Protection (DEEP) and modify the role and responsibilities of the DEEP commissioner in maintaining and enforcing these programs. While some troubling sections were removed in the Senate, a new section was added that would allow DEEP to waive penalties for first time violators and undermine enforcement of environmental permits. Fortunately, this provision was rejected by the House.
HB05335 - AN ACT PROHIBITING POSSESSION AND STORAGE OF FRACKING BY-PRODUCTS : Support
Hydraulic fracturing (i.e., fracking) is a method of oil and natural gas extraction in which a mixture of water, sand, and toxic chemicals is pumped into a well at high pressures, causing the fracturing of surrounding rock layers and allowing the flow of oil and natural gas. However, inherent in this process is the production of many dangerous by-products, including waste water that often contains toxic chemicals and heavy metals. Conventional wastewater treatment plants are not equipped to remove fracking-related toxins, making it necessary to transport the contaminated water to designated disposal sites. This bill will eliminate Connecticut as a potential recipient of fracking waste by banning the possession or storage of any related by-products, with the goal of maintaining the safety of Connecticut's air and water supplies.
HB06385 - AAC PROHIBITING THE USE OF PESTICIDES AT PUBLIC SCHOOLS : Support
This legislation will ban the application of pesticides in, or on the grounds of, public and private schools in CT. In addition, it expands the existing ban, which applies to schools with children in grade eight or lower, to cover public and private high schools. Emergency applications of pesticides will be allowed at schools only if it has been determined that they are needed to eliminate a threat to human health. A pesticide ban at schools will reduce child exposure to products that are known to have adverse health and environmental impacts.
HB06437 - AAC MATTRESS STEWARDSHIP PROGRAM : Support : [Passed]
This bill will implement a mattress stewardship program to regulate post-consumer mattress disposal, encouraging recycling of mattress components when technologically feasible and economically practical. Additionally, the bill requires mattress producers to join a nonprofit mattress recycling council. Failure to do so will prohibit them from selling mattresses in the state. Connecticut alone disposes of 300,000 - 400,000 mattresses annually, at a cost to towns of over $1 million. This program will be funded by a mattress stewardship fee on mattresses sold in CT, and should greatly reduce illegal dumping by offering disposal at no cost.
HB06439 - AAC THE DISPOSAL AND COLLECTION OF UNUSED MEDICATION : Support
This proposal protects the environment and improves public health and safety by keeping dangerous chemicals out of our waterways. It prohibits health care institutions, both public and private, and all associated staff from disposing of unused medication into a wastewater collection or septic system. In addition, this bill requires the Department of Energy and Environmental Protection (DEEP) to launch a public awareness campaign about the dangers of improperly disposing of medication and the availability of pharmaceutical collection programs.
HB06441 - AAC DAM SAFETY PROGRAM : Support : [PASSED]
This legislation will require dam owners to have their dams inspected periodically depending on the hazard presented by potential failure. A similar bill in Massachusetts has enhanced not only the awareness and remediation of hazardous conditions, but also fish habitat by inducing more dam owners to remove dams. The bill will also streamline permits for dam removals that improve ecological conditions. The commissioner of the Department of Energy and Environmental Protection (DEEP) will retain the right to exercise enforcement action for violations of dam safety laws, and violators may be subject to fines.
HB06489 - AAC CHILDREN'S SAFETY (support LCO AMENDMENT 6207) : Support
This bill will require the commissioner of the Department of Public Health (DPH) to create and maintain a list of priority chemicals (chemicals with evidence of adverse health effects) of high concern to children, update the list every two years, and present findings to the Public Health Committee. In addition, state manufacturers of children’s products containing priority chemicals will be required to disclose the presence of the chemicals to the DPH, and subsequently submit a plan detailing a path to using a safer alternative for manufacturing, known as a “product innovation plan.” In order to ensure the reduction of child exposure to dangerous products, the plan must be implemented within 2 years of a chemical being designated as a priority chemical by the DPH.
HB06519 - AN ACT REQUIRING LABELING OF GENETICALLY-ENGINEERED FOODS : Support
The purpose of this bill is to require any foods, seed, or seed stock made available to consumers in CT that have been partially or entirely produced with genetic engineering be clearly labeled with the words “Produced with Genetic Engineering.” Failure to do so will deem the product misbranded, and may subject the person(s) responsible for misbranding, selling, or receiving the foods to criminal penalties. Under this bill, the commissioner of the Department of Consumer Protection (DCP) will be authorized to enforce the labeling requirements. Such mandatory labeling will give consumers the right to make informed decisions about food products for which health and environmental concerns have been raised.
HB06527 - AAC GENETICALLY ENGINEERED FOOD : Support : [PASSED]
This legislation will require food made available to consumers in CT that has been partially or entirely produced with genetic engineering be clearly labeled as such. Failure to do so will deem the product misbranded, and may subject the person responsible for misbranding, selling, or receiving the foods to criminal penalties. Such mandatory labeling will give consumers the right to make informed decisions about food products for which health and environmental concerns have been raised. A compromise was reached on this bill, requiring four other states, at least one of which must border Connecticut and with a collective population of at least 20 million people, to pass similar legislation before the labeling requirement will take effect.
HB06536 - AAC GENERAL PERMITS OF THE DEEP: Support
Beginning October 1, 2013, this bill establishes annual fees for people operating under general permits issued by the Department of Energy and Environmental Protection (DEEP). For a permit that requires both registration and DEEP approval before an activity is conducted, the annual fee will be $200. For a permit that only requires registration, the fee will be $100.
HB06538 - AAC ARBORISTS AND TREE WARDENS : Support : [PASSED]
This bill will establish requirements for both arborist businesses and tree wardens with the purpose of ensuring the proper care and management of the state’s urban forests. Concerning arborist businesses, the bill requires that they register annually with the Department of Energy and Environmental Protection (DEEP) and that at least one licensed arborists is employed at each business. Under General Statutes §§23-58 and 23-59, every municipality must have a tree warden with the responsibilities of “the care and control of public trees.” This bill will ensure that municipal tree wardens have the educational background to make informed decisions regarding tree management by requiring them to be professionally certified. Enforcing these requirements will reduce the risks to public safety and property that can come from mismanaged trees.
HB06542 - AAC THE PRESERVATION OF FARMLAND AT THE SOUTHBURY TRAINING SCHOOL : Support : [PASSED]
This precedent-setting legislation concerns the agricultural lands (“The Farm”) at the state-owned Southbury Training School. The bill establishes a procedure to preserve and manage the land specifically for agricultural use. The procedure, as detailed in the bill, is as follows:
1) The commissioner of the Department of Developmental Services (DDS) must transfer control of the property to the commissioner of the Department of Agriculture (DoAg)
2) The commissioner of the DoAg must grant a permanent conservation easement on the property to a nonprofit aimed at protecting agricultural land
3) The easement must ensure the preservation of the land for agricultural use and allow the DoAg commissioner to lease, permit, or license the land for such use
4) All activities conducted under the easement on the Farm must be conducted in accordance with a conservation plan prepared by the Natural Resources Conservation Service (NRCS) approved by the DoAg Commissioner that takes into account protection of the agricultural and conservation values of the property.
Uncertainty about the future of the Southbury Training School has been a local concern for many years. This bill will permanently protect the approximately 825 acres of agricultural lands on the property (including prime agricultural soils) adding to the State’s portfolio of protected farmland at no cost to taxpayers, and providing both the community and DoAg with a vibrant agricultural base for the future. The bill is precedent-setting because it proposes of private-public partnership with a nonprofit land conservation organization via the granting of conservation easement.
SB00191 - AAC THE PENALTY FOR CAUSING HARM TO A VULNERABLE USER : Support
The passage of this bill will enhance the penalty for a motorist who causes death or injury to a “vulnerable user” on a public way, due to failure on behalf of the motorist to exercise reasonable care. The bill defines vulnerable users as pedestrians, highway workers, bicyclists, anyone riding or driving an animal, skaters, skateboarders, and roller bladers, people driving or riding on a farm tractor, people in wheelchairs or motorized chairs; and blind people and their service animals. The penalty is a fine of up to $1,000, with the goal of promoting behavior that makes Connecticut’s public ways safer for all users.
SB00807 - AAC WATER INFRASTRUCTURE AND CONSERVATION : Support : [PASSED]
This bill provides mechanisms for encouraging private water companies, as well as municipal and other public utilities, to invest in conservation and infrastructure improvements. By allowing flexibility in rate designs and other operational rules, the bill will help water suppliers stabilize revenue and promote infrastructure improvements that will ensure reliable, high quality water. Similar to de-coupling in the energy sector, this bill will reduce output disincentives for conservation, thus protecting the integrity of the state’s water resources.
SB00916 - AN ACT AUTHORIZING CIVIL PENALTIES FOR THE FAULTY, CARELESS, OR NEGLIGENT APPLICATION OF PESTICIDES: Support
Under the CT Pesticide Control Act, a pesticide applicator must be certified if the applicator works with a restricted use pesticide, as classified by the U.S. Environmental Protection Agency (EPA) or the Department of Energy and Environmental Protection (DEEP). This bill supplements the Pesticide Control Act, making it unlawful for a certified applicator to apply pesticide in a faulty, careless, or negligent manner. Violators are subject to civil penalties, and knowing violators may be subject to criminal penalties. Enforcing this bill will promote careful behavior when applying products that are known to have adverse health and environmental impacts.
SB00917 - AN ACT AUTHORIZING THE USE OF CERTAIN MICROBIAL AND BIOCHEMICAL PESTICIDES AND GRUB CONTROL PRODUCTS ON SCHOOL GROUNDS : Support
Current law prohibits the application of lawn care pesticides in, or on the grounds of, public and private schools and day care centers in CT with students in grade eight and lower. Emergency applications of pesticides are allowed at schools only if it has been determined that they are needed to eliminate a threat to human health. This bill exempts certain products from falling under the definition of “lawn care pesticides,” providing that the products are registered with the U.S. Environmental Protection Agency, thus allowing them to be used on school grounds. These exemptions include microbial pesticides, in which a microorganism acts as an active ingredient, and biochemical pesticides, which are natural, nontoxic pest control substances. The bill aims to reduce child exposure to products that are known to have adverse health and environmental impacts, while still allowing safe methods of pest control.
SB00981 - AAC PESTICIDES ON SCHOOL GROUNDS : Support
This legislation expands the existing ban of pesticides, which applies to schools with children in grade eight or lower, to cover public and private high schools. Emergency applications of pesticides will be allowed at schools only if it has been determined that they are needed to eliminate a threat to human health. A pesticide ban at schools will reduce child exposure to products that are known to have adverse health and environmental impacts.
SB01010 - AAC SEA LEVEL RISE AND THE FUNDING OF PROJECTS BY THE CLEAN WATER FUND : Support : [PASSED]
This bill deals with water quality projects that are eligible for financial aid through the Clean Water Fund. Such projects include the planning, design, and construction of water pollution control facilities. Specifically, the bill requires the commissioner of the Department of Energy and Environmental Protection (DEEP) to consider sea level rise and the necessity of implementing measures to mitigate its impact when establishing the priority list and ranking system to determine projects that will receive grants and loans from the Clean Water Fund. Accounting for sea level rise in the design of water quality projects will help ensure the success of those projects.
SB01011 - AAC CERTAIN USER FEES AT STATE PARKS : Support
This bill will require that by July 1, 2013, the commissioner of the Department of Energy and Environmental Protection (DEEP) increases the user fees for state park special events of limited duration by up to 135%, based on the amount charged as of June 1, 2013. The resultant money will be deposited into an account within the General Fund that is designated for the maintenance, repair, and improvement of state parks, ensuring that CT’s state parks continue to be well-preserved, attractive options for all users.
SB01012 - AAC THE DEFINITION OF “RISE IN SEA LEVEL” : Support : [PASSED]
The Senate combined four coastal management bills pending in the Senate and added a new effective date as the new vehicle. This bill now contains all of 1014 and elements of 459 and 460. We are pleased with the inclusion of 1014, which clarifies the existing definition of “rise in sea level”, and requires agencies drafting certain emergency and disaster plans, as well as Plans of Conservation and Development, at both the state and municipal level to evaluate sea level change scenarios that account for projected accelerations in the rate at which sea level will rise in the future. Doing so will help ensure that our state and communities are more realistically planning their land use and emergency response to reduce future damage to coastal resources and infrastructure.
SB01134 - AAC OUTDOOR WOODBURNING FURNACES: Support
Although wood smoke from outdoor wood furnaces contains many of the same hazardous components as cigarette smoke, it lacks the same strict regulations meant to protect public health. This bill aims to reduce air pollution resulting from outdoor wood furnaces by banning the sale of all furnaces after October 1, 2013 that do not meet Phase II emissions standards as specified by the U.S. Environmental Protection Agency. In addition, it requires all outdoor wood-burning furnaces to burn only “clean wood,” eliminating the burning of wood that has a paint or stain coating or has been chemically treated.
ANTI-ENVIRONMENT LEGISLATION
HB05183 - AAC REGISTRATION OF ALL TERRAIN VEHICLES AND ESTABLISHING AN ALL TERRAIN VEHICLE DIVISION WITHIN DEEP : Oppose
This bill has been significantly altered. The new description is pending.
HB06360 - AAC THE IMPLEMENTATION OF CONNECTICUT'S COMPREHENSIVE ENERGY STRATEGY : Oppose : [PASSED]
This bill has been significantly altered, and many anti-environment amendments have been attached last-minute. A full description is pending.
SB00460 - AAC COASTAL PRETECTION MEASURES… SHORE LINE STRUCTURES… WATER RESOURCES… DEEP PROCEDURES : Oppose
This bill will require the Department of Energy and Environmental Protection (DEEP) to issue Certificates of Permission (COP) for activities that were illegally conducted without required permits prior to 1995. Additionally, it will require DEEP to issue a Certificate for maintenance of, or minor alterations to, structures illegally installed before 1995. Statutes of Limitations in other areas of law rarely require regulatory or enforcement authorities to actively sanction the original illegal activity or permit an expansion of the activity. It would be particularly inappropriate to do so in public trust lands along CT’s coastline.
SB01138 - AAC CONNECTICUT’S CLEAN ENERGY GOALS : Oppose : [PASSED]
Under CT’s Renewable Portfolio Standard (RPS), utilities must get a rising percentage of the electricity they supply from new, clean, renewable sources such as wind and solar. The goal is that Class I (as designated by the RPS) clean renewable sources will account for 20% of CT’s electricity output by 2020, making Connecticut a national leader in clean energy. However, this bill will allow utilities to permanently fill a percentage of their mandated clean energy portfolio using power from large Canadian hydropower facilities like HydroQuebec and discourage investment of local renewable sources.
PENDING LEGISLATION TO WATCH
HB06533 - AAC HYDRAULIC FRACTURING (see also HB05335) : Pending
This bill defines the processes and materials that constitute hydraulic fracturing (i.e., fracking), fracking waste, and fracking waste disposal. Additionally, it will place a one-year moratorium, effective July 1, 2013 – July 1, 2014, affecting any person or business entity responsible for:
1) Treating, discharging, or disposing of any hydraulic fracturing (fracking) waste,
2) Holding any fracking waste for treatment or disposal,
3) Using fracking waste to manufacture any item, product, or material, or
4) Selling any item, product, or material to which fracking waste has been added
The bill also allows the Department of Energy and Environmental Protection (DEEP) commissioner to espouse regulations to enforce the moratorium, and requires DEEP to prepare an assessment detailing the full effects of fracking waste by February 1, 2014. While this bill establishes a 1 year moratorium (which we support), it also ties that moratorium to a study of fracking waste disposal by DEEP(which we oppose).
HB06651 - AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE STATE OF CT BROWNFIELD WORKING GROUP : [PASSED]
This legislation will consolidate all brownfield accouts into a singular account and dictates what types of funds and revenues must be deposited in the revised account. In addition, it separates the current brownfield grant and loan program, making the grant program only open to municipalities, while the loan program can be utilized by developers.
HB06672 - AAC THE CONVEYANCE OF CERTAIN PARCELS OF STATE LAND : [PASSED]
This bill makes changes regarding certain parcels of land in the state, including:
1) Authorizing conveyances of state property to Canton, New Britain, Southbury, and Stamford,
2) Amending prior conveyances in Tolland, Wethersfield, Barkhamsted, and New Hartford,
3) Authorizing a land exchange between New Britain and Newington,
4) Granting a conservation easement in Middletown, and
5) Repealing a land exchange authorization in Haddam
SB00530 - AAC REDEVELOPMENT OF THE NORWICH STATE HOSPITAL PROPERTY : Pending
This legislation will appropriate funds to the Department of Economic and Community Development (DECD) for the purpose of redeveloping the deteriorated Norwich State Hospital property in Preston. It is proposed that the funds be used to create The Connecticut Clean Energy Center for Research and Development, which would incorporate clean energy light manufacturing with an educational and training component. The building of such a center will lend itself to a long-term, sustainable plan for the management of the property, as well as create new jobs that will tap into the emerging economy for renewable energy.
SB00814 - AN ACT CONCERNING INTERVENTION IN PERMIT PROCEEDINGS PURSUANT TO THE ENVIRONMENTAL PROTECTION ACT OF 1971 : [PASSED]
The Connecticut Environmental Protection Act of 1971 (CEPA) has been instrumental to the progress the state has made to preserve its open spaces and clean its air and water resources. This progress has been possible in part due to a provision under CEPA that allows citizen suits to oppose unreasonable threats to the environment. This bill aims to make revisions to CEPA that will reduce the frequency of vexatious and baseless suits. The environmental community would not oppose revisions to CEPA and land use statutes, providing that the revisions make requirements more transparent, open, and fair to all parties without changing substantive requirements or disproportionately targeting environmental intervenors.
SB01019 - AAC ADMINISTRATIVE STREAMLINING AT DEEP : [PASSED]
This legislation aims to streamline various programs of the Department of Energy and Environmental Protection (DEEP) and modify the role and responsibilities of the DEEP commissioner in maintaining and enforcing these programs. While some troubling sections were removed in the Senate, a new section was added that would allow DEEP to waive penalties for first time violators and undermine enforcement of environmental permits. Fortunately, this provision was rejected by the House.
